2007 PLP (C (PLC(CS))
HAMID-UL-HUSSAIN and others Versus FEDERATION OF PAKISTAN through Secretary, Establishment Division and others
| Citation | 2007 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Hamid Ali Mirza and Karamat Nazir Bhandari, JJ |
| Parties | HAMID-UL-HUSSAIN and others Versus FEDERATION OF PAKISTAN through Secretary, Establishment Division and others |
| Primary Law | Civil Servants (Seniority) Rules, 1993 |
Q1: What are the key laws and sections cited in 2007 PLP (C (PLC(CS))?
This judgment primarily cites: Civil Servants (Seniority) Rules, 1993 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Hamid Ali Mirza and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP (C (PLC(CS)) (HAMID-UL-HUSSAIN and others Versus FEDERATION OF PAKISTAN through Secretary, Establishment Division and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Akram Sheikh, Senior Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners (in C.Ps. Nos.1153-1154 and C.P. 1577 of 2004).
- Aitzaz Ahsan, Senior Advocate Supreme Court for Respondents (in C.Ps. Nos.65, 73, 183 and 219 of 2004).
- Ch. Afrasiab, Advocate Supreme Court (absent).
- 3. In support of these petitions Mr. Muhammad Akram Shaikh, learned Senior Advocate Supreme Court has contended that the Tribunal has wrongly applied Rule 4 of the Civil Servants (Seniority) Rules, 1993
Headnotes / Summary
(On appeal from the judgment, dated 24-4-2004 in Appeal No.165(R)CS of 2000 and others passed by the Federal Service Tribunal, Islamabad).
Rr. 4 & 7
Appointment of civil servant as Section Officer by transfer on deputation in year 1989 till his appointment as Section Officer in Office Management Group (O.M.G.)
Completion of tenure of civil servant's deputation in year 1992
Appointment of civil servant on regular basis in year 1999
Claim for seniority by civil servant from date of initial deputation or completion of 3 years deputation period in year 1992
Civil servant had neither protested against induction of some deputationist in O.M.G. in year 1989 nor urged such claim during period from 1992 to 1999
Civil servant could not wriggle out of unconditional consent given by him in year 1999 for seeking induction in accordance with R.4 of Civil Servants (Seniority) Rules, 1993
Induction of civil servant had not taken place earlier and that until year 2000, he had not agitated against inaction to absorb him in O.M.G.
Such conduct/inaction of civil servant for years would amount to acquiescence
Civil servant's silence/inaction for 7/8 years had disentitled him to such claim. Muhammad Arshad Sultan, Section Officer, Cabinet Division, Islamabad and another v. Prime Minister of Pakistan, Islamabad and others PLD 1996 SC 771; Mrs. Fakhera T. Abbasi, S.O. Finance Division, Islamabad and 2 others v. The Secretary, Establishment Division, Islamabad and 63 others 1998 SCMR 432; Mehr Sher Muhammad and others v. Federation of Pakistan 1999 SCMR 185; Muhammad Zafar Khan v. Secretary, Establishment Division, Islamabad and 155 others 1995 SCMR 1840; Muhammad Zakir Khan v. Government of Sindh and others 2004 SCMR 497 ref. All in person (in other connected petitions). Ch. Afrasiab, Advocate Supreme Court (absent). Respondent No.24 in person.
Judgment & Decree
KARAMAT NAZIR BHANDARI, J.
By a short order dictated in open Court today, we refused leave and dismissed Civil Petitions Nos.1153, 1154, 1460, 1496, 1498, 1501, 1532 to 1534, 1571 to 1578 and 1742 of 2004. The following are the reasons for the short order.
2. Relevant facts of these petitions are that petitioners were initially serving in various Departments/Divisions as a result of their selection by Federal Public Service Commission (hereinafter referred to as FPSC). Around the year 1988-89, they were appointed as Section Officers by transfer on deputation where they remained as such until their appointments as Section Officers in the Office Management Group (hereinafter referred to as O.M.G.) in their own pay and scales with immediate effect, vide Notification No.6/6/1997-OMG-II, dated 17-11-1999 (page 95 of the paper book of C.P. 1153 of 2004). The petitioners filed representations within the Department claiming that their induction into O.M.G. should be deemed to have taken effect from the initial respective dates of deputation, approximately from the year 1989 and their seniority be determined accordingly. The representation made by the petitioner Hamidul Hussain is at page 76 of the paper book. Seemingly getting no response and after the lapse of prescribed time the petitioners filed appeals in the Federal Service Tribunal, Islamabad which appeals were initially accepted on 9-2-2001. This order, however, was set aside by this Court on appeal and the cases were remanded to the Tribunal with a direction "to take fresh decision after hearing the selectees/deputationists/transferees in accordance with law". After remand, the appeals were reheard in presence of all the interested parties and dismissed vide judgment, dated 24-4-2004 against which decision the petitioners seek leave to appeal from this Court through these petitions.
3. In support of these petitions Mr. Muhammad Akram Shaikh, learned Senior Advocate Supreme Court has contended that the Tribunal has wrongly applied Rule 4 of the Civil Servants (Seniority) Rules, 1993